EHRC Intervenes in Judicial Review on Metropolitan Police’s Use of Live Facial Recognition Technology

Image of Dee Masters

The Equality and Human Rights Commission (EHRC) has been granted permission to intervene in a hotly awaited judicial review examining whether the Metropolitan Police’s use of live facial recognition technology (LFRT), which is a form of Artificial Intelligence (AI), is compatible with human rights law. Dee Masters of Cloisters and Joshua Jackson of Doughty Street Chambers are acting for the Commission. 

LFRT scans the faces of members of the public in real-time against police “watchlists” that can contain thousands of people. The intervention in R (Thompson and Carlo) v The Commissioner of Police of the Metropolis comes amid growing concerns about the potential impact of LFRT on fundamental rights, particularly the rights to privacy, freedom of expression, and freedom of assembly under the European Convention on Human Rights. The EHRC will provide submissions and evidence on the intrusive nature of the technology and its wider implications for human rights drawing on international developments, including the EU’s AI Act, which classifies law enforcement use of LFRT as “high risk” and requires strict safeguards.

Cloisters has been at the forefront of work concerning AI and its interplay with human rights and discrimination. This judicial review is expected to provide important clarity and guidance on the use of AI by the police and more broadly in the public sector.